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IMPACT — MEDIUM
The U.K. Home Office published guidance and reporting requirements for employers who sponsor remote workers.
Key Points:
Additional Information: Reports must be made within 10 business days after the change in location. More information regarding the reporting requirements for remote workers is available here.
BAL Analysis: Employers should review the hybrid working pattern guidance to ensure that they adhere to the new reporting requirements.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The State Department released the June Visa Bulletin, showing no movement for key employment-based categories.
Final Action Dates
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
Dates for Filing
Dates for Filing for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services has not yet announced whether it will use the Final Action Dates or Dates for Filing chart in June. BAL will update clients once USCIS announces which chart will be used.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of April 30, the department was adjudicating applications filed in July and earlier, conducting audit reviews on applications filed in April and earlier, and reviewing appeals for reconsideration filed in August and earlier.
PWD Processing: As of April 30, the National Prevailing Wage Center was processing PWD requests filed in January 2022 and earlier for H-1B OES and PERM OES cases, February 2022 and earlier for H-1B non-OES cases, and January 2022 and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed November and earlier for H-1B cases, and October and earlier for PERM cases.
BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing faster PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in July and earlier, and is starting to see PWDs for requests filed in January and earlier for H-1B OES cases, February and earlier for H-1B non-OES cases, and November and earlier for PERM OES and non-OES cases.
The U.S. State Department has announced the winners of the 2024 Diversity Visa lottery.
Additional Information: The Diversity Visa program provides for 55,000 immigrant visas to be issued to individuals from countries with low levels of immigration to the United States. Individuals register during an annual registration period and are selected through a random lottery. The registration period for fiscal year 2024 Diversity Visas opened Oct. 5, 2022, and closed Nov. 8, 2022.
Individuals who entered the Diversity Visa 2023 program have until Sept. 30, 2023, to check the status of their entry. The DV2023 registration period was from Oct. 6, 2021, through Nov. 9, 2021.
U.S. Immigration and Customs Enforcement announced Thursday that it would give employers 30 days to reach compliance with Form I-9 document inspection requirements once COVID-related I-9 flexibilities come to an end on July 31, 2023.
Additional Information: The Department of Homeland Security continues to work on a rule that would give ICE authority to allow remote inspection of documents in some cases. The agency published a proposed rule in August 2022 and received more than 500 public comments, including one from BAL. DHS is currently reviewing the public comments and plans to issue a final rule later this year.
BAL Analysis: The 30-day grace period will give employers some additional time to review documents in person once the temporary flexibilities end; however, this is still a tight time frame, particularly given that some employers have been relying on the temporary policy for more than three years. BAL continues to encourage companies that have not yet started in-person reviews to start planning as soon as possible. BAL will continue to monitor the development of DHS’ new I-9 rule and will provide updates as information becomes available.
U.S. Citizenship and Immigration Services posted a Federal Register notice extending and expanding work authorization for eligible Hong Kong residents who are covered by Deferred Enforced Departure.
Additional Information: The extension and expansion was made to offer safety and protection to Hong Kong residents amid a continued “assault on Hong Kong’s autonomy, undermining its remaining democratic processes and institutions, imposing limits on academic freedom, and cracking down on freedom of the press.” More information on DED is available on this USCIS webpage.
The U.S. State Department has provided updated border crossing information to U.S. citizens who are trying to leave Sudan.
Additional Information: As of April 22, the U.S. Embassy in Khartoum, Sudan, is no longer offering routine or emergency consular services. The State Department suspended such services until further notice. The situation is “violent, volatile and extremely unpredictable, particularly in the capital city Khartoum,” the Department stated.
BAL Analysis: Companies with employees in the country are encouraged to follow State Department information and warnings closely. Wait times at crossing points could vary widely and change quickly. BAL will continue to monitor developments regarding the security situation in Sudan and will provide more information as it becomes available.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The White House announced Monday that it will soon end the COVID-19 vaccination requirement for nonimmigrant international air travelers. The Department of Homeland Security announced it would end the vaccination requirement for non-U.S. travelers entering the U.S. via land ports of entry and ferry terminals.
Background: The Biden administration first introduced the COVID-19 vaccination requirement for international air travelers and those crossing at land borders and ferry terminals in November 2021.
BAL Analysis: The termination of the COVID-19 vaccination requirements will coincide with the end of the national COVID-19 public health emergency. The Biden administration has been reviewing COVID-related immigration policies and, in addition to the vaccination policy, recently ended COVID-related flexible deadlines for responding to some U.S. Citizenship and Immigration Services requests. BAL will continue to monitor the administration’s COVID policies and will provide updates as information becomes available.
Diversity Visa lottery results for fiscal year 2024 will be available on May 6 on the State Department’s Entrant Status Check webpage.
Background: The Diversity Visa program provides 55,000 immigrant visas (green cards) per year to individuals from countries with low levels of immigration to the United States. Individuals register during an annual registration period and are selected through a random lottery. The registration period for fiscal year 2024 Diversity Visas opened Oct. 5, 2022, and closed Nov. 8, 2022.
BAL Analysis: Applicants are reminded that the State Department’s Entrant Status Check webpage is the only official source where results are posted. They must use the official website to find out if they have been selected in the lottery and, if selected, to check for the date of their immigrant visa appointment, as the U.S. government does not directly notify selectees.
U.S. Citizenship and Immigration Services announced Friday that it received 780,884 total registrations for this year’s H-1B lottery — a figure that shatters last year’s previous record of 483,927.
The agency attributed the dramatic rise in part to a large increase in the number of registrations submitted on behalf of beneficiaries with multiple registrations. USCIS distributed this chart, showing registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023).
*The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.
**USCIS said the number of selections was smaller in FY 2024 than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.
Beneficiaries With Multiple Registrations
The annual quota for cap-subject H-1B visas is 85,000, of which 20,000 are exclusively for U.S. advanced degree holders.
In its announcement, USCIS stated that the significant increase in the number of eligible registrations for beneficiaries with multiple eligible registrations raises “serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary.”
The agency said it has already “undertaken extensive fraud investigations” this year, would continue its investigations and may refer individuals or entities who submitted false attestations to “the appropriate federal law enforcement agencies for investigation and further action, as appropriate.”
USCIS also provided a reminder that the agency is working on a proposed rule to “modernize” H-1B requirements and oversight, including the registration process.
BAL Analysis: The 780,884 total registrations marked a 61.4% increase over the 483,927 from last year. The increase demonstrates the ongoing popularity of the H-1B program and the high demand for the limited annual number of visas. Employers are encouraged to work with their BAL attorney to consider alternatives for registrations that were not selected in March’s lottery.
The impact of USCIS’ investigation into potential fraud on this year’s selection or the possibility of a second lottery remains to be seen. BAL will continue to monitor the issue and will provide updates as information becomes available.